Hibbert v. The State of New York

Background

On October 26, 2022, the court ordered the New York City Law Department to identify each John Doe defendant Hibbert sought to sue, provide each defendant’s badge number, and provide an address where each defendant could be served. The Law Department was required to give that information to Hibbert and the court within 60 days. After the information was provided, Hibbert would have 30 additional days to file an amended complaint naming the John Doe defendants.

The 60-day deadline was December 25, 2022. The court stated that no information about the identities and badge numbers of the John Doe defendants had been filed on the docket and that it was unclear whether the information had been sent to Hibbert.

Order

The court directed the New York City Law Department to file a letter by February 7, 2023. The letter had to identify the John Doe defendants, their badge numbers, and the addresses where they could be served. It also had to state whether the information had previously been provided to Hibbert.

If the information had not already been provided directly to Hibbert, the Law Department had to provide it to him at the same time it provided the information to the court. The Law Department also had to file an affidavit stating the date and method of delivery. The court would evaluate Hibbert’s deadline to file an amended complaint after receiving the Law Department’s filing.

Appeal ruling

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying court fees. The Clerk of Court was directed to mail Hibbert a copy of the order. The order addressed case administration and the potential appeal; it did not resolve the underlying claims.